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PEOPLE v. BEJARANO

No. B180922.

57 Cal.Rptr.3d 486 (2007)

149 Cal.App.4th 975

The PEOPLE, Plaintiff and Respondent, v. Bob BEJARANO, Defendant and Appellant.

Court of Appeal of California, Second District, Division Three.

As Modified May 3, 2007.

Attorney(s) appearing for the Case

Irma Castillo, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Joseph P. Lee and James William Bilderback II, Deputy Attorneys General, for Plaintiff and Respondent.

KITCHING, J.

I. INTRODUCTION

The issue in this case is whether the merger doctrine articulated in People v. Ireland (1969) 70 Cal.2d 522, 75 Cal.Rptr. 188, 450 P.2d 580 (Ireland), and its progeny apply in this case. Here we must decide whether the trial court erroneously instructed the jury that appellant could...

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